Synopsis:
This was an application for leave to appeal against a decision by the SCA. The SCA found that advice rendered by the Department of Justice and Constitutional Development to the President, which was intended to assist him to fulfill his constitutional Head of State function to pardon offenders under section 84(2)(j) of the Constitution, constituted "preliminary executive functions" for which the relevant Minister could be held accountable under section 85(2)(e) of the Constitution. On appeal to this Court, it was held that the power to request advice, and the advice itself, is an "auxiliary power" granted to the Head of State by section 84(1). The matter fell within the responsibility of the President only and was therefore within the exclusive jurisdiction of the Constitutional Court. The High Court and the SCA had lacked jurisdiction to consider it. Mr Chonco ought to have sued the President, not the Minister, to obtain the relief he sought. Accordingly, the appeal succeeded. Majority: Langa CJ (unanimous)
